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Res 1989-055
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Res 1989-055
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Last modified
8/2/2007 4:02:13 PM
Creation date
8/2/2007 4:02:13 PM
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Template:
City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1989-55
Date
6/26/1989
Volume Book
95
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<br /> ARTICLE 7 <br /> OWIŒRSIIIP ARD USE OF DOCUIIEIi".rS <br />7.l Plans and specifications, as well as sepia mylar tracings, <br />survey notes and other original documents shall become the property of <br />the Owner whether the Project for which they are made is executed or <br />not. However, Engineer shall not be responsible, and liability is <br />hereby waived by Owner against Engineer, and Owner shall indemnify <br />Engineer from any and all losses, claims, demands and causes of action <br />resulting from Owner's intentional, willful, and wanton illegal use of <br />said plans, specifications and construction contract documents and/or <br />the intentional, willful and wanton illegal use by others if Owner has <br />knowledge of such use by others, ~nd in such event, Owner will exercise <br />its best efforts to notify Engineer of such use by others. <br />7.2 Submission or distribution to meet official regulatory <br />requirements or for other purposes in connection with the Project is <br />not to be construed as publication in derogation of the Engineer's <br />rights. <br /> ARTICLE'S <br /> TERIIIRATIOR OF AGREEIŒIR <br />8.1 This Agreement may be terminated by either party upon fifteen <br />( 15) days' prior written notice should the other party fail <br />substantially to perform in accordance with its terms through no fault <br />of the party initiating the termination. <br />8.2 This Agreement may be terminated at will by the Owner upon at <br />least fifteen (15) days' prior written notice to the Engineer. <br />8.3 In the event of termination as provided in this Article, the <br />Engineer shall be compensated for all services performed to termination <br />date which are deemed by Owner to be in accordance with this <br />Agreement. Such amount shall be paid by the Owner upon the Engineer's <br />delivering or otherwise making available to the Owner, all data, <br />drawings, specifications, reports, estimates, sUlmnaries, and such other <br />information and materials as may have been accumulated by the Engineer <br />in performing the services included in this Agreement, whether <br />completed or in progress. The expense of the reproduction of these <br />items shall be borne by the Owner. <br /> -7- <br />
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